This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name https://www.powell.co.in/new/ (‘Website’), including the related mobile site and mobile application (hereinafter referred to as ‘Platform’).
The Platform is owned by POWELL LABORATORIES PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 with its registered office at GN-28, SECTOR-5 KOLKATA SALT LAKE CITY ,Kolkata ,India (hereinafter referred to as ?Platform Owner?, ‘we’, ‘us’, ‘our’)..
Your use of the Platform and services and tools are governed by the following terms and conditions (?Terms of Use?) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with the Platform Owner and these terms and conditions including the policies constitute Your binding obligations, with Platform Owner. These Terms of Use relate to your use of our website, goods (as applicable) or services (as applicable) (collectively, ‘Services’). Any terms and conditions proposed by You which are in addition to or which conflict with these Terms of Use are expressly rejected by the Platform Owner and shall be of no force or effect. These Terms of Use can be modified at any time without assigning any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates..
For the purpose of these Terms of Use, wherever the context so requires ?you?, ‘your’ or ?user? shall mean any natural or legal person who has agreed to become a user/buyer on the Platform..
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING..
The use of Platform and/or availing of our Services is subject to the following Terms of Use:
To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account on the Platform..
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website or through the Services, for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law..
Your use of our Services and the Platform is solely and entirely at your own risk and discretion for which we shall not be liable to you in any manner. You are required to independently assess and ensure that the Services meet your requirements..
The contents of the Platform and the Services are proprietary to us and are licensed to us. You will not have any authority to claim any intellectual property rights, title, or interest in its contents. The contents includes and is not limited to the design, layout, look and graphics..
You acknowledge that unauthorized use of the Platform and/or the Services may lead to action against you as per these Terms of Use and/or applicable laws..
You agree to pay us the charges associated with availing the Services..
You agree not to use the Platform and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or Indian or local laws that might apply to you.
You agree and acknowledge that website and the Services may contain links to other third party websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third party websites. These links are provided for your convenience for provide further information..
You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the Platform Owner for the Services..
You shall indemnify and hold harmless Platform Owner, its affiliates, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Notwithstanding anything contained in these Terms of Use, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event..
These Terms and any dispute or claim relating to it, or its enforceability, shall be governed by and construed in accordance with the laws of India..
All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Kolkata and West Bengal.
All concerns or communications relating to these Terms must be communicated to us using the contact information provided on this website
IN GENERAL POWELL LABORATORIES PVT. LTD.(“www.powell.co.in”) owns and operates this Website. This document governs your relationship with POWELL LABORATORIES PVT. LTD. (“www.powell.co.in”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by www.powell.co.in. www.powell.co.in has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
PRIVACY POLICY
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy Link. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
PROHIBITIONS
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.powell.co.in will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.powell.co.in or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.powell.co.in and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.powell.co.in and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.powell.co.in.
INDEMNITY
You agree to indemnify, defend and hold harmless www.powell.co.in, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
VARIATION
www.powell.co.in shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.powell.co.in. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a proprietor of www.powell.co.in.
Terms and Conditions for Offers and Promotions
Discretion of the Company: All offers, discounts, and promotions (collectively referred to as “Offers”) are provided solely at the discretion of Powell Laboratories (P) Ltd. (“the Company”). The Company reserves the right to introduce, modify, or withdraw any Offers without prior notice and at any time, subject to applicable laws.
Offer Applicability: Offers may vary across products, services, and categories, and different products or services may be subject to different terms. The availability of Offers on specific products or services will be clearly stated in the accompanying promotional materials or on the Company’s website and/or relevant communication channels.
Limited Availability: Offers may be available for a limited period and may be subject to inventory availability, geographic restrictions, or other limitations as specified by the Company. The Company is under no obligation to extend the duration of any Offer once it has expired.
Non-Transferability: Unless explicitly stated, Offers are non-transferable and may not be redeemed for cash, credit, or any other value. Offers cannot be combined with other discounts or promotions unless expressly permitted by the Company.
Conditions for Redemption: Each Offer is subject to the terms and conditions specified at the time of issuance. To redeem an Offer, customers may be required to meet certain conditions, including but not limited to minimum purchase requirements, use of specific payment methods, or adherence to eligibility criteria such as age, location, or membership status.
Fraudulent Use: Any fraudulent use, misuse, or unauthorized application of Offers may result in cancellation of the Offer and may lead to legal action. The Company reserves the right to verify customer eligibility and take appropriate measures to prevent abuse of its Offers.
Errors and Omissions: While the Company endeavors to ensure accuracy in its promotional materials and communications, typographical errors, inaccuracies, or omissions may occur. The Company reserves the right to correct any such errors and to cancel or amend Offers that are affected, even if they have been communicated to customers.
Compliance with Law: All Offers are subject to applicable laws and regulations. If any part of these terms and conditions is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
Final Decision: In all matters related to the interpretation and application of Offers, the decision of the Company shall be final and binding.
Amendments : The Company reserves the right to amend or update these terms and conditions at any time without prior notice. Customers are encouraged to review the terms and conditions periodically to stay informed about any changes.
Contact Information: For any questions or concerns regarding Offers or these terms and conditions, customers may contact the Company through the official customer service channels provided on the Website or Contact Information.
By participating in or redeeming any Offer, the customer acknowledges and agrees to abide by these terms and conditions.
